Rare Books Blog

March 12, 2012

Zertsalo. Russia. ca. 1750-80. Russian Historical Museum, Moscow. Photograph by M. Kravtsova.

Peter the Great spent the majority of his years in power at war with his neighbors. His reforms were directed principally towards modernizing the structure of the Russian State, which had implications for Russian administrative law. He recognized the need for the continual systematization of legislation and appointed three commissions between 1700 and 1720 to attend to the matter. None progressed very far. Peter’s reforms of the State apparatus and of military and naval law gave him claim to the title of law reformer. The Russian government was reorganized with close account being taken of practices in Sweden and Prussia. In 1722 Peter established the Procuracy, which has endured to this day as a component of the Russian legal system. His Military Statute (1716) and Naval Statute (1720) both drew upon European models, including German, French, Swedish, Dutch, and English; these two statutes remained in force with minor modifications for more than a century and extended to certain civilian matters.

Peter’s enduring legacy to Russian law was a visual image of law and legal consciousness in the person of the Zertsalo, a trihedral object reproducing the text on each of its three sides of designated edicts issued between 1722 and 1724 on preserving civil rights, offenses in courts, and the importance of complying with State statutes. Atop the prism was placed a Russian crowned double-headed eagle, often removable.

The presence of the Zertsalo was required if a court was formally in session; in the presence of the Zertsalo, the court officials were considered to be performing their official duties. If the court moved on to unofficial matters or other events were held on court premises, the Zertsalo was to be taken from the room or the double-headed eagle was to be removed and carried out of the room. Penalties were established if these strictures were violated, the guilty official being subject to a fine and, after 1840, a reprimand. At least thirteen Zertsalos are known to survive today in Russian and Ukrainian museums – all different, often dramatically so.

See: W.E. Butler, “On the Formation of a Russian Legal Consciousness: the Zertsalo”, in Butler, Russia and the Law of Nations in Historical Perspective (2009).

“Monuments of Imperial Russian Law,” curated by William E. Butler and Mike Widener, is on display Mar. 1 - May 25, 2012, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

March 12, 2012

Strube de Piermont, Friedrich Heinrich (1704-1790). Lettres russiennes: suivies des notes de Catherine II. Pisa: Goliardica, 1978. Facsimile reprint; originally published 1760 in St. Petersburg. Yale University Library

Peter the Great set in motion the measures required to found the Academy of Sciences in Russia, which opened shortly after his death in 1725. Law was among the sciences to be pursued. The Academy was to be simultaneously a research and a teaching institution, an Academy and a University. In 1738 Friedrich Heinrich Strube de Piermont (1704-1790) was appointed to be the Professor of Jurisprudence and Politics. He published at St. Petersburg in 1740 a major study in the French language on the origins of natural law. A revised edition issued at Amsterdam in 1744 was reprinted several times with emendations.

In 1748 Strube was assigned by the Academy to “expound the natural law and the law of nations”, for which he prepared a syllabus in Russian and Latin. Later that same year Strube petitioned the Academy to prepare ìa concise manual on Russian lawsî. He devoted the remainder of his life to the project, producing outlines and draft chapters, but never completing the work to the satisfaction of the Academy. He wrote in German, mostly copying from manuscript versions of early legislative compilations (relying on translators to tell him what they said). Although never published, the draft gave Strube his materials for a lecture treating the origins of Russian law that was published in Russian and Latin in 1756 and assisted a codification commission which used the draft in 1754.

Strube’s “Russian Letters,” shown here, were an extension of his studies of Russian law and history, especially his views on the origins of the Russian people. In this work he undertakes to “prove that the government of Russia is not a despotic government properly speaking” and makes mention of the “five” principal Russian law codes and the Commission formed in 1753 to prepare a new Code.

See: W.E. Butler, “F.G. Strube de Piermont and the Origins of Russian Legal History”, in Butler, Russia and the Law of Nations in Historical Perspective (2009).

“Monuments of Imperial Russian Law,” curated by William E. Butler and Mike Widener, is on display Mar. 1 - May 25, 2012, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

 

March 12, 2012

[Catherine II (1729-1796), Empress of Russia]. The Grand Instructions to the Commissioners Appointed to Frame a New Code of Laws for the Russian Empire. London: T. Jeffreys, 1768. Rare Book Collection, Lillian Goldman Law Library

The enduring contribution of Catherine II (1729-1796) to Russian law commenced in 1767, when Catherine herself composed a new law code, the Nakaz, mostly in the French language with extensive borrowings from leading Enlightenment thinkers, notably Beccaria, Montesquieu, and Voltaire. Although the Nakaz was never enacted, its translations into the major European tongues and issuance in more than twenty editions made the Nakaz the single piece of Russian legislative material best known abroad. It secured for Catherine the encomium “the Great”.

Two contemporary English translations are known of the Nakaz. Shown here is the version published at London in 1768 by Mikhail Tatishchev, of whom little is known except that he was attached to the Russian Embassy in London. The second is a manuscript held by the Library of Congress, acquired in 1942 from the Collection of Sir Thomas Phillipps (1792-1872), one of the foremost bibliophiles of all time. The manuscript was originally owned and perhaps commissioned (or even translated) by Sir George Earl Macartney, Ambassador to the Court of St. Petersburg. Macartney returned to England two months before Catherine actually convened her Great Commission, but the text of her draft was circulating in Europe by early Spring 1767. Jeremy Bentham owned a copy of this edition.

See: Both the Tatishchev and Macartney/Phillipps versions are reprinted in W E. Butler & V. A. Tomsinov (eds.), The Nakaz of Catherine the Great: Collected Texts (2010).

“Monuments of Imperial Russian Law,” curated by William E. Butler and Mike Widener, is on display Mar. 1 - May 25, 2012, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

March 12, 2012

[Catherine II (1729-1796), Empress of Russia]. Nakaz jeio impieratorskogo velichestva Ekateriny Vtoroi samodevzhitsy vserossijskaia olannyi Kommissii o Sochinenii proekta novogo ulozheniia | Instructio Sacrae Imperatoriae Maiestatis Aecaterinae Secundae Autocratorissae Omnium Rossiarum Coetvi Auspiciis Illius Convocato ad Conficiendam ideam Novi Legum Codicis | Ihrer Kayserlichen Majestät Instruction für die zu Verfestigung des Entwurfs zu einem neuen Gesetz-Buche verordnete Commission  | Instruction de sa Majesté Impériale Catherine II. pour la Commission Chargée de dresser le project d’un Nouveau Code de Loix. St. Petersburg, 1770. Special Collections, Harvard Law School Library

The Nakaz has been described as “one of the most remarkable political treatises ever compiled and published by a reigning sovereign in modern times” (I. de Madariaga, Russia in the Age of Catherine the Great (1981), p. 151).

The most magnificent and desirable of the more than 40 editions of the Nakaz, this four-language version is spread across two quarto pages, two columns to a page. There are four separate title pages, respectively in Russian, Latin, German, and French. The opening and closing pages include allegorical engravings designed by Jacob Shtelin (1709-1785) and engraved by a Swabian artist then resident in Moscow, Christopher Melhior Roth (d. 1798). The Latin translation was by Catherineís state secretary and current favorite, Grigorii Kozitskii (1724-1775). The translators of the French and German texts have never been identified.

Catherine II presented copies of the four-language version to contemporaries throughout Europe. The copy shown here was given to the Earl of Chesterfield, accompanied by a letter of presentation in her own hand.

The four-language version evidently enjoyed a large print run. In 1808 the Academy of Sciences remaindered 1,421 copies by weight of the paper; whether they were pulped is unknown. By 1861 this edition of the Nakaz was bringing a substantial auction price.

See: A bibliography of 43 editions of the Nakaz appears in W.E. Butler & V.A. Tomsinov (eds.), The Nakaz of Catherine the Great: Collected Texts (2010).

“Monuments of Imperial Russian Law,” curated by William E. Butler and Mike Widener, is on display Mar. 1 - May 25, 2012, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

 

March 12, 2012

 

Medal awarded to deputies of Catherine II’s Legislative Commission. Private Collection

The Legislative Commission summoned to Moscow has been seen as a “major, highly personal political experiment” formed by election and intended to represent the “estates” of the Russian Empire (I. de Madariaga, Russia in the Age of Catherine the Great (1981), p. 139). Representation was accorded to state institutions, landowners, and social groups not otherwise included in the first two categories. Deputies were paid a salary, enjoyed certain privileges and immunities, and were awarded a badge of office that nobles were entitled to incorporate in their coats of arms.

Each member of Catherine the Great’s Legislative Assembly was awarded a medal in commemoration of their participation, such as the one exhibited here.

Aware that much of her population was illiterate, including some deputies elected to the Legislative Commission, Catherine II composed her Nakaz in a style suitable for reading aloud, imparting to the text an “urgent rhythm” in imitation of Montesquieu’s series of short staccato chapters in his Spirit of the Laws. The entire text was read aloud to the assembled deputies, who were said to have received the text with rapture. Many were moved to tears.

“Monuments of Imperial Russian Law,” curated by William E. Butler and Mike Widener, is on display Mar. 1 - May 25, 2012, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

 

March 12, 2012

[Catherine II (1729-1796), Empress of Russia]. Instruction donnée par Catherine II., impératrice et législatrice de toutes les Russies: a la commission établie par cette souveraine, pour travailler à la rédaction d’un nouveau code de loix, telle qu’elle e été imprimée en Russe & en Allemand, dans l’Imprimerie Impériale de Moscow. Lausanne: François Grasset & Comp., 1769. Rare Book Collection, Lillian Goldman Law Library

This is the last of three French editions of the Nakaz, testimony to the wide interest in Catherine’s law reform project in Western Europe. The translator was the Swiss historian Joseph Anton Felix von Balthasar. The year this edition appeared, the French crown placed the “libertine” Nakaz on its list of prohibited books.

“Monuments of Imperial Russian Law,” curated by William E. Butler and Mike Widener, is on display Mar. 1 - May 25, 2012, in the Rare Book Exhibition Gallery, Level L2, Lillian Goldman Law Library, Yale Law School.

March 4, 2012

“Monuments of Imperial Russian Law,” the latest exhibit from the Yale Law Library’s Rare Book Collection, is perhaps the first rare book exhibit in the U.S. to focus on the history of Russian law.

The exhibition features principal landmarks in Russia’s pre-1917 legal literature. Among these are the first printed collection of Russian laws, the 1649 Sobornoe ulozhenie, and three versions of the Nakaz, the law code that earned Empress Catherine the Great her reputation.

The exhibit draws on the riches of Yale University libraries, augmented by loans from the Harvard Law School Library and a private collection.

“The post-Soviet era of Russian history has made the legacy of the pre-1917 era newly relevant in ways unimaginable,” writes William E. Butler, one of the exhibit curators. “It is not merely a country recovering historical experience suppressed or distorted for ideological reasons during the Soviet regime, but a country seeking to modernize partly on the basis of its earlier legal legacy.”

Butler is the John Edward Fowler Distinguished Professor of Law and International Affairs at the Dickinson School of Law,  Pennsylvania State University. The exhibit’s co-curator is Mike Widener, Rare Book Librarian at the Lillian Goldman Law Library, Yale Law School.

Butler is the pre-eminent U.S. authority on the law of the former Soviet Union. He is the author, co-author, editor, or translator of more than 120 books on Soviet, Russian, Ukrainian, and post-Soviet legal systems. He is a member of the Grolier Club, the leading U.S. society for book collectors, and the Organization of Russian Bibliophiles. He is also a leading bookplate collector who has authored several reference works on bookplates.

Widener has been Rare Book Librarian at the Lillian Goldman Law Library since 2006. He is a member of the Grolier Club and a faculty member of the Rare Book School, University of Virginia.

The exhibit is on display through May 25, 2012 in the Rare Book Exhibition Gallery, located on Level L2 of the Lillian Goldman Law Library, Yale Law School, 127 Wall Street. The exhibit is open to the public, 9am-10pm daily. The exhibit will also go online via the Yale Law Library Rare Books Blog.

For more information, contact Mike Widener, Rare Book Librarian, at (203) 432-4494 or .@yale.edu>

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